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Retain greencard for under 21 daughter.

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  • Retain greencard for under 21 daughter.

    Hello, I am asking this question on behalf of my uncle/aunt who are US citizen and living in US for many years. Their daughter is living and studying in India since her childhood. She had a greencard which was expired in 2011, She visited the US last time in 2009 as LPR.

    Is there anyway to retain her greencard back, she is 19 years old. She wants to come to USA for higher study and join her parents.

    Please advice.

  • #2
    Originally posted by hir.m.patel View Post
    Hello, I am asking this question on behalf of my uncle/aunt who are US citizen and living in US for many years. Their daughter is living and studying in India since her childhood. She had a greencard which was expired in 2011, She visited the US last time in 2009 as LPR.

    Is there anyway to retain her greencard back, she is 19 years old. She wants to come to USA for higher study and join her parents.

    Please advice.
    A fresh application needs to be made. The one of the US citizen parent has to petition for her ( I-130). Once the petition is approved (usually within 6 months), they can apply immigrant visa for her. The whole process might take around 12-14 months.

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    • #3
      She can contact the consulate to schedule a Returning Resident Assessment. Her prospects aren't good, so her parents should file a new Alien Relative Petition sooner than later. If she had visited the United States after a parent naturalized, she may have derived citizenship, making this all moot - she would just apply for a passport at the US consulate

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      • #4
        Thank you for advice. We will proceed with new I130.

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        • #5
          Originally posted by hir.m.patel View Post
          Thank you for advice. We will proceed with new I130.
          So neither of her parents were US citizens when she was last in the US in 2009?

          This is my personal opinion and is not to be construed as legal advice.

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